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Mock Board Cjuris

This document contains a review for an exam on criminal law and jurisprudence (CJURIS) in the Philippines. It includes 34 multiple choice questions testing knowledge of the Revised Penal Code of the Philippines and key concepts of Philippine criminal law such as characteristics, parties to crimes, and circumstances affecting criminal liability. Candidates are instructed to choose the single best answer for each question and mark their responses on an answer sheet.
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100% found this document useful (1 vote)
680 views16 pages

Mock Board Cjuris

This document contains a review for an exam on criminal law and jurisprudence (CJURIS) in the Philippines. It includes 34 multiple choice questions testing knowledge of the Revised Penal Code of the Philippines and key concepts of Philippine criminal law such as characteristics, parties to crimes, and circumstances affecting criminal liability. Candidates are instructed to choose the single best answer for each question and mark their responses on an answer sheet.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CJURIS

INSTRUCTION: Select the correct answer for each of the following questions. Mark only the answer
for each item by shading the box corresponding to the letter of your choice on the answer sheet
provided. ERASURES IS NOT ALLOWED.

AREA 1: CRIMINAL LAW AND JURISPRUDENCE (CJURIS)

1. This law refers to the Revised Penal Code of the Philippines.


a. Republic Act 3815
b. Act 3815
c. Presidential Decree 3815
d. Revised Administrative Code 3815
 
2.   The effectivity date of the Revised Penal Code of the Philippines is:
a. December 8, 1930 c. December 8, 1931
b. January 1, 1932 d. January 1, 1933

3. This characteristic of criminal law states that, it cannot make an act punishable in a manner in
which it was not punishable when committed.
a. General b. Territorial c. Prospective d. Retrospective
 
4. The law of preferential application is an exemption of this characteristic of criminal law:
a. Generality c. Territoriality
b. Prospectivity d. Bill of Attainder
 
5. The crimes committed in the country are not triable in that country, unless their commission
affects the peace and security of the territory or the safety of the state is endangered. This rule
refers to:
a. French Rule b. Spanish Rule c. English Rule d. Philippine Rule
  
6. Which of the following statements is not correct?
a. Felonies are committed not only by means of deceit but also by means of fault.
b. Felonies are committed not only be means of deceit but also by means of malice.
c. There is deceit when the act is performed with deliberate intent.
d. There is fault when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill.
 
7. The felonies generally defined and penalized under special laws. They are designed to secure a
more orderly regulation of the affairs of society.
a. Crimes mala inse c. Crimes internal

b. Crimes mala prohibita d. Crimes external


8. Which of the following a term similar deliberate intent?
a. Dolo b. Intenciado c. Deliberado d. Culpa

9. An evil state of mind refers to:


a. Actus rea b. Evil rea c. State rea d. Mens rea
 
10. The external manifestation of actor’s will which is a pre requisite to a criminal liability:

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a. Actus rea b. Evil rea c. State rea d. Mens rea


 
11. The one known as “aberatio ictus” is:
a. Mistake of fact c Mistake in the blow
b. Mistake of identity d. Preater intentionem

12. This stage in the commission of crime exist when the offender performs all the acts of execution
which would produce the felony as a consequence but which, nevertheless, do not produce it by
reason of causes independent of the will of the perpetrator.
a. Formal c. Material
b. Consummated d. Frustrated
 
13.  Where the purpose of the offender in performing an act is not certain. There exists:
a. Formal Crimes c. Material Crimes
b. Consummated Crime d. Indeterminate Crime

14. If a crime could be committed with attempted and/or frustrated stage, the said crime is known
as:
a. Formal Crime c. Material Crime
b. Consummated Crime d. Frustrated Crime

15. This portion of the act constituting the crime starting from the point where the offender begins
the commission of the crime to that point where he has still control over his acts.
a. Objective Phase c. Dependent Phase
b. Subjective Phase d. Independent Phase

16. The felonies which the law attaches with penalties in which their maximum period are
correccional.
a. Grave Felonies c. Light Felonies
b. Less Grave Felonies d. Prision Correccional

17. The circumstances where the act of a person is said to be in accordance with the law so he is
deemed not to have transgressed the law and is free from both criminal and civil liability.
a. Justifying Circumstances c. Mitigating Circumstances
b. Exempting Circumstances d. Aggravating Circumstances

18. The circumstances which must be taken into consideration as aggravating or mitigating
according to the nature and effects of a crime and the other conditions affecting its commission.
a. Justifying circumstances c. Mitigating circumstances
b. Exempting circumstances d. Alternative circumstances
 

19. The last requisite of defense of relatives is:


a. Unlawful aggression.
b. The person defending be not induced by revenge, resentment, or other evil motive.
c. In case the revocation was given by the person attacked, the one making defense had no
part therein.
d. Lack of sufficient provocation on the part of the person defending himself.
 
20. Relatives by blood refer to which of the following?

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a. Relatives by consanguinity c. Relatives by affinity


b. Relatives by relativity d. Relatives after virginity
 
21.  The use of violence or physical force to compel another person to commit a crime refers to:
a. Premeditation c. Resistible Force
b. Uncontrollable fear d. Irresistible Force
 
22. Employment of intimidation or threat in compelling another to commit a crime refers to:
a. Resistible Force c. Premeditation
b. Uncontrollable Fear d. Irresistible Force
 
23. It is a mitigating circumstance that cannot be offset by an aggravating circumstance.
a. Inherent b. General c. Ordinary d. Privileged
 
24. This exist if any person, within a period of 10 years from last release or last conviction of crimes
of falsification, robbery, theft, estafa, serious physical injuries, or less serious physical injuries, if
found guilty of any of said crimes for the third time or oftener.
a. Reiteracion c. Recidivism
b. Habitual Delinquency d. Quasi-recidivism 

25. It is known as the deliberate planning. This refers to:


a. Ignominy b. Treachery c. Dwelling d. Evident Premeditation
 
26. X gave Z an amount of P1 million to kill Y. Thus, Z killed Y. The participation of X in the
commission of crime is:
a. Principal by Deed c. Principal by Indispensable Cooperation
b. Principal by Direct Participation d. Principal by Induction
 
27. The one who, having knowledge in the commission of a crime, and without having participated
therein, either as a principal or accomplice, took part subsequent to its commission by profiting
himself or assisting the offender to profit from the effects of the crime. This refers to:
a. Principal b. Accomplice c. Principal by Deed d. Accessory
 
28. The penalties expressly imposed by the court in the judgment of conviction refer to:
a. Principal Penalties c. Final Penalties
b. Accessory Penalties d. General Penalties
 
29. Penalties with no fixed duration:
a. Divisible b. Indivisible c. Fixed d. Not fixed

30. The duration of arresto mayor is:


a. 12 years and 1 day to 20 years c. 6 months and 1 day to 6 years
b. 6 years and 1 day to 12 years d. 1 month and 1 day to 6 months

31. The suspension of the sentence of the convict after serving the minimum term of his sentence:
a. Pardon c. Amnesty
b. Commutation of sentence d. Parole
 
32. This exists when a single act results to two or more grave or less grave felonies.

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a. Complicated Crime c. Compound Crime


b. Complex Crime Proper d. Continuous Crime
 
33. These are crimes that fall under the exemption of the territorial characteristic of criminal law
a. Crimes against national security and law of nation and against the fundamental law of the
State
b. Crimes against public order
c. Crimes against public interest
d. Crimes related to opium and other prohibited drugs (Amended by RA 6425 and further
amended by RA 9165
 
34. This is committed by any person who owes allegiance to the Government of the Philippine
Islands but levies war against them or adheres to their enemies, giving them aid or comfort within
the Philippine Islands or elsewhere.
a. Flight to enemy country
b. Treason
c. Misprision treason
d. Correspondence with hostile country

35. This crime is committed by any person owing allegiance to the Government of the Philippine
Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals
or does not disclose and make known the same, as soon as possible to the governor or fiscal of the
province, or the mayor or fiscal of the city in which they resides.
a. Flight to enemy country
b. Treason
c. Misprision treason
d. Correspondence with hostile country

36. This rule states that no person shall be convicted of treason unless on the testimony of two
witnesses at least to the same overt act or on confession of the accused in open court.
a. Double jeopardy
b. Double cross rule
c. Treason witness rule
d. Two witness rule

37. This refers to an unlawful resistance to a superior officer, as the raising of commotion and
disturbances on board of a ship against the authority of a commander, committed on the high seas.
a. Piracy b. Mutiny c. Conspiracy d. None
 
38. This is committed by a private person or a public officer acting in a private capacity or does not
have the power to arrest or detain a person who, without legal ground, detains a person.
a. Illegal Detention c. Unlawful arrest
b. Arbitrary Detention d. Delaying in Release

39. This is committed by any public officer or employee who, without legal ground, arrests a person
to deliver him to proper judicial authority.
a. Illegal Detention c. Delaying in Release
b. Arbitrary Detention d. Unlawful arrest
 

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40. If a person is arrested for the crime of rape, within how many hours shall he be delivered to
proper judicial authorities?
a. Within 12 hours from arrest c. Within 18 hours from arrest
b. Within 15 hours from arrest d. Within 36 hours from arrest

41. The crime of violation of parliamentary immunity is committed may be committed by arresting
or searching any member thereof while the Assembly (Congress) is in regular or special session,
except in case such member has committed a crime punishable under Revised Penal Code by a
penalty higher than:
a. Prision Mayor c. Prision Correccional
b. Reclusion Temporal d. Reclusion Perpetua

42. Police Officer 1 San Pedro was in full uniform when he was directing traffic; one of the drivers
was irritated when he was not allowed to enter an intersection. Thus, the driver punched Police
Officer 1 San Pedro; what was the crime committed by the driver?
a. Direct Bribery c. Indirect Bribery
b. Direct Assault d. Indirect Assault
 
43. A police officer asked some adults to help him apprehend a perpetrator but the latter refused;
saying that to apprehend offenders is not of their business. What was the crime committed by the
adults?
a. Disobedience to summons issued by the National Assembly
b. Resistance to agent of person in authority
c. Disobedience to agent of person in authority
d. Tumult
 
44. Police Officer Pedro and fellow officers were arresting a person who tried to evade arrest. It
went to the extent that the policeman applied fist blows to the person they arrested. What was the
crime committed by the arrested person?
a. Disobedience to summons issued by the National Assembly
b. Resistance to agent of person in authority
c. Disobedience to agent of person in authority
d. Tumult
 
45. This is committed by any person who shall perform an act that is against decency or good
customs by any highly scandalous conduct not expressly falling within any other article of the
Revised Penal Code.
a. Disobedience to summons issued by the National Assembly
b. Resistance to agent of person in authority
c. Disobedience to agent of person in authority
d. Grave scandal

46. This crime is committed by discharging any firearm, rocket, firecracker, or other explosives
calculated to cause alarm or danger.
a. Charivari c. Tumult
b. Alarms and Scandal d. Illegal Discharge
 
47. This is committed by any person who shall remove from any jail or penal establishment any
person confined therein or shall help the escape of such person.
a. Delivery of prisoners from jail

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b. Evasion of final judgment


c. Evasion of service of sentence
d. Violation of conditional pardon
 
48. This is committed by a convict who shall evade the service of his sentence, by leaving the penal
institution where he shall have been confined, on the occasion of disorder resulting from a
conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not
participated, if he shall fail to give himself up to the authorities within forty-eight hours following
the issuance of a proclamation by the Chief Executive announcing the passing away of such
calamity:
a. Delivery of prisoners from jail
b. Evasion of service of sentence
c. Evasion of final judgment
d. Evasion of service of sentence on the occasion of calamities
 
49. Which is the complete definition of prostitute?
a. Prostitutes are persons who, for money or profit, habitually indulge in sexual intercourse
or lascivious conduct.
b. Prostitutes are women who, for money or profit, indulge in sexual intercourse or
lascivious conduct.
c. Prostitutes are women who habitually indulge in sexual intercourse or lascivious conduct.
d. Prostitutes are women who, for money or profit, habitually indulge in sexual intercourse
or lascivious conduct.
 
50. This is the improper performance of some act which might lawfully be done.
a. Misfeasance b. Malfeasance c. Omnifeasance d. Nonfeasance
 
51. This is an order issued by the court between the commencement and end of a suit and the
action which decides some point or matter.
a. Final Order c. Semi – final Order
b. Interlocutory Order d. Mandatory Order
 
52. This is committed by any public officer who shall agree to perform an act constituting a crime,
in connection with the performance of their official duties, in consideration of any offer, promise,
gift or present received by such officer, personally or through the mediation of another:
a. Direct Bribery c. Indirect Bribery

b. Qualified Bribery d. Corruption of Public Officials


 
53. Mr. Ador killed his illegitimate grandchild. What crime did Mr. X commit?
a. Parricide b. Homicide c. Murder d. Infanticide
 
54. Mr. Andy killed a person not knowing that the victim was his own father. What crime did Mr.
Andy commit?
a. Parricide b. Homicide c. Murder d. Infanticide

55. Mr. Ottog Mutalab kissed and embraced Ms. Frespa Virginxia in a private place. What crime did
Mr. Ottog Mutalab commit?
a. Attempted Rape c. Rape

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b. Acts of Lasciviousness d. Unjust Vexation


 
56. Mr. Vicente is legally married; however, he was surprised when he saw his wife in the act of
sexual intercourse with another person. Thus, he killed his wife. What crime did Mr. Vicente
commit?
a. Death under exceptional circumstances
b. Physical injuries inflicted under exceptional circumstances
c. Death caused in a tumultuous affray
d. Physical injuries inflicted in a tumultuous affray
 
57. Mr. Jaime caught his daughter under 18 years of age who was living with him, in the act of
having sexual intercourse with another person. Thus, he inflicted physical injuries to his daughter.
What crime did Mr. Jaime commit?
a. Death under exceptional circumstances
b. Physical injuries inflicted under exceptional circumstances
c. Death caused in a tumultuous affray
d. Physical injuries inflicted in a tumultuous affray
 
58. Which of the following statements is not correct?
a. Mercy killing is the same with euthanasia
b. Assistance to suicide is the same with mercy killing
c. In mercy killing, the person killed does not want to die
d. In assistance to suicide, the person killed wants to die
 
59. This is the act of exerting any violence or administering beverages upon the person of pregnant
woman and as a result of violence or beverages, the fetus dies either in the womb or after having
been expelled therefrom.
a. Intentional abortion
b. Abortion practiced by the woman herself of by her parents
c. Unintentional abortion
d. Abortion practiced by a physician or midwife
 
60. If abortion is committed by any physician or midwife who took advantage of their scientific
knowledge or skill, the penalty is:
a. Mitigated b. Aggravated c. Not imposed d. Suspended
 
61. This is the act of lopping or the clipping off of some part of the body.
a. Lopping b. Mutilation c.  Duel d. Physical injuries
 
62. Mr. X assaulted Mr. Y so the latter was hospitalized for 25 days. What was the crime committed
by Mr. X?
a. Grave serious Physical Injuries
b. Less Serious Physical Injuries
c. Serious Physical Injuries
d. Slight Physical Injuries

63. In abandoning a minor, for it to be said as crime, the minor must be:
a. Below 7 years of age c. Below 15 years of age
b. Below 12 years of age d. Below 18 years of age

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64. This is theft committed by stealing coconuts from the premises of the plantation.
a. Robbery b. Theft c. Brigandage d. Qualified Theft
 
65. This is the law known as the Anti Carnapping Law:
a. R.A. 8353 b. P.D. 533 c. P.D. 1612 d. R.A. 6539
 
66. Ms. Petra took a television inside the house of Mr. Anjo using a closed door but unlocked door
knob.  What crime did Ms. Petra commit?    
a. Robbery b. Theft c. A and B d. None

67. This is a method provided by the Rules of Court not only for the apprehension and prosecution
of persons who commit crimes but also for the imposition of the proper penalty in case of their
conviction.
a. Criminal Jurisprudence c. Criminal Justice
b. Criminal Accusation d. Criminal Procedure

68. This system of criminal procedure indicates that the detection and prosecution of offenders are
not left to the initiative of the offended party but to the officials and agents of the law.
a. Accusatorial b. Inquisitorial c. Mixed d. None of the above
 
69. A person convicted of a crime by final judgment is known as:
a. Suspect b. Respondent c. Criminal d. Ex-convict
 
70. This is an order issued by the court directing a peace officer to arrest a person or persons stated
therein and deliver them before the court.
a. Warrant of Arrest c. Search Warrant
b.  Either A or B d.  Arrest
 
71. These are the requisites of a valid warrant of arrest, except:
a. It shall be issued upon probable cause
b. The probable cause is determined personally by the judge
c. It shall specifically state the things to be searched
d. None of the above
 
72. This is the life span of a search warrant?
a. 5 days from the date of issuance c. 15 days from the date of issuance
b. 10 days from the date of issuance d. 20 days from the date of issuance

73. A person lawfully arrested may be immediately pursued anywhere in the Philippines
immediately after committing a crime. This is known as:
a. Neutral Pursuit c. Hot Pursuit
b. In Flagrante Delicto d. None
 
74. The warrantless search that may be done if the person to be searched voluntarily waives his
right against unreasonable search and seizure.
a. Consented Search c. Search Incidental to Lawful Arrest
b. Search with Waiver d. Plainview Search
 
75. The other term for “Crime Scene” is:

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a. Corpus Delicti c. Locus Criminis


b. In Flagrante Delicto d. Locus Parentis
 
76. Custodial investigation is initiated by:
a. Law Enforcement Efficers c. Private Individuals
b. Public Officers d. Prosecutors
 
77. An arrested person may ask for preliminary investigation:
a. Before the filing of complaint or information in court.
b. Within 15 days from the time he learns that a complaint or information is already filed
against him in court.
c. At any time pending trial.
d. At any time before final judgment.
 
78. The existence of sufficient ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof refers to:
a. Insuperable Cause c. Portable Cause
b. Indispensable Cause d. Probable Cause
 
79 Preliminary Investigation is required if the imposable penalty is at least:
a. 6 years imprisonment
b. 4 years, 2 months, and 1 day imprisonment
c. 4 years imprisonment
d. 2 years imprisonment
 
80. If there are 3 respondents, how many copies of complaint must be filed before the prosecutor’s
office for the purpose of conducting preliminary investigation?
a. 3 b. 5 c. 7 d. 9
 
81. The respondent is given how many days to file his answer?
a. 5 days from receipt of the complaint c. 15 days from receipt of the complaint
b. 10 days from receipt of the complaint d. 20 days from receipt of the complaint
 
82. In relation to the question in number 81, the other term for “answer” is:
a. Counter-claim c. Counter Motion
b. Counter Affidavit d. Motion to Dismiss
 

83. The order of the prosecutor finding whether probable cause exists is known as:
a. Decision b. Judgment c. Resolution d. Opinion
 
84. A complaint or information is sufficient if it states the following, except:
a. The name of the accused
b. The designation of the offense given by the statute
c. The acts or omissions complained of as constituting the offense
d. The exact date of the commission of the offense
 
85. A sworn written statement charging a person with an offense refers to:
a. Complaint b. Information c. Indictment d. Affidavit
 

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86. The place where the action must be instituted and tried refers to:
a. Venue b. Judgment c. Resolution d. Jurisdiction
 
87. The power and authority to hear and decide cases that may be brought to two or more courts
refers to:
a. Original Jurisdiction c. Concurrent Jurisdiction
b. Exclusive Jurisdiction d. Appellate Jurisdiction

88. The requirement in any initiatory pleading asserting under oath that the complainant did not
institute same cause against the same party in another tribunal is known as:
a. Certification against forum shopping c. Verification
b. Affidavit of undertaking d. Affirmation
 
89. The one made in open court by the judge or clerk of court furnishing the accused of a copy of the
complaint or information, reading the same in a language or dialect known to him, and asking him
whether he pleads guilty or not guilty.
a. Prosecution b. Arraignment c. Investigation d. Trial
 
90. Arraignment shall be held within how many days from the date the court acquires jurisdiction
over the person of the accused?
a. 10 days b. 20 days c. 30 days d. 40 days
 
91. The accused shall be arraigned within how many days from the date of the raffle?
a. 10 days b. 20 days c. 30 days d. 40 days

92. The court acquires jurisdiction over the person of the accused upon:
a. Arrest c. Invitation
b. Arraignment d. Issuance of warrant of arrest
 
93. This is a question that arises in a case, the resolution of which is a logical antecedent of the issue
involved in said case and the cognizance of which pertains to another tribunal.
a. Antecedent Question
b. Non – judicial Question
c. Judicial Question
d. Prejudicial Question
 
94.  The first element of prejudicial question is the previously instituted civil action involves an
issue similar or intimately related to the issue raised in the subsequent criminal action. What is the
second element?
a. The resolution of such issue determines whether or not the criminal action may proceed.
b. The resolution of such issue does not determine whether or not the criminal action may
proceed.
c. The resolution of such issue determines whether or not the civil action may proceed.
d. The resolution of such issue determines whether or not the any action may proceed.
 
95. This is an informal trial that precedes the regular trial of the case primarily intended to expedite
the proceeding whenever the accused and his counsel agree whereby the court shall conduct pre –
trial conference, without impairing the rights of the accused:
a. Pre – trial c. Pre – trial Order
b. Pre – trial Agreement d. Trial

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96. Under the order of trial, which of the following is the first to present its evidence?
a. Prosecution b. Defense c. Witnesses d. Judge
 
97. Which of the following presents rebuttal evidence?
a. Prosecution b. Defense c. Witnesses d. Judge
 
98. This is a written statement used in both civil and criminal actions that is submitted by a plaintiff
or a prosecutor at the request of the accused, giving the accused detailed information concerning
the claims or charges made against him or her.
a. Motion to Quash c. Demurrer to Evidence
b. Bill of Particulars d. None of the above
 
99. This is the dismissal of the action on the ground of insufficiency of evidence which is done only
after the prosecution rests its case:
a. Motion to Quash c. Demurrer to Evidence
b. Bill of particulars d. None of the above
 
100. After a plea of not guilty is entered, the accused shall have at least how many days to prepare
for trial.
a. 5 days b. 10 days c. 15 days d. 20 days
 
101. This is a rule which states that trial once commenced shall continue from day to day as far as
practicable until terminated. It may be postponed for a reasonable period of time for good cause.
a. Continuous Trial Rule
b. Trial Rule
c. Speedy Trial Rule
d. None of the above
 
102. The security given for the release of a person in custody of law refers to:
a. Bail b. Civil Liability c. Assurance d. Insurance
 
103. Bail may be in the form of any of the following, except:
a. Corporate Surety b. Recognizance c. Immunity d. Cash Deposit
104. The judge who issued the warrant or granted the application shall fix a reasonable amount of
bail considering primarily, but not limited to, the following factors, except:
a. Financial liability of the accused to give bail
b. Nature and circumstance of the offense
c. Penalty for the offense charged
d. Character and reputation of the accused
 
105. Before or after conviction by the Metropolitan Trial Court, Municipal Trail Court, Municipal
Trial Court in Cities, or Municipal Circuit Trial Court:
a. Bail is a matter of right c. Bail is denied out rightly
b. Bail is a matter of discretion d. None of the above
 
106. This is known as the adjudication by the court regarding the merits of the case:
a. Resolution b. Judgment c. Opinion d. Conclusion

107. Which of the following statements is correct?

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a. The Municipal Trial Court is with the same level with Metropolitan Trial Court
b. There are two Supreme courts in the Philippines
c. The Supreme Court is headed by the President
d. The Regional Trial Court is a third level court
 
108. This is the summation of evidence.
a. Proof b. Evidence c.  Assumption d. Conclusion
 
109. The other term on the opinion of an expert witness is:
a. Proof b. Evidence c.  Assumption d. Conclusion
 
110. The evidence that is addressed to the senses of the court is:
a. Factum Probans c. Factum Probandum
b.  Real or Autoptic Evidence d. Circumstantial Evidence
 
111. The ultimate fact sought to be established:
a. Factum Probans c. Factum Probandum
b. Real or Autoptic Evidence d. Circumstantial Evidence
 
112. The evidence that consists of writings or any material containing letters, words, numbers,
figures, symbols, or other modes of written expression offered as proof of their contents:
a. Real or Autoptic Evidence c. Testimonial Evidence
b. Documentary Evidence d. Direct Evidence
 
113. The evidence that establishes the truth of a fact without the aid of any inference refers to:
a. Real or Autoptic b. Testimonial c. Documentary d. Direct
 
114. The evidence that has any value in reason as may tend to establish the probability or
improbability of a fact in question is known as:
a. Relevant b. Material c. Competent d. Prima facie
 
115. The evidence that admits no contradiction:
a. Prima facie b. Conclusive c. Primary d.  Evidence Aliunde
116. It refers to an additional evidence of the same kind or character to that already given and
tending to prove the same proposition:
a. Rebuttal b. Corroborative c.  Cumulative d. Conclusive
 
117. It refers to the greatest certainty to the truth respecting a fact in issue.
a. Prima facie b. Primary c. Conclusive d. Secondary
 
118.   The testimony given by a person relative to a department of human activity in which he
possesses the skill and the knowledge not ordinary within the gift of ordinary men is what
evidence?
a. Expert b. Positive c. Extra – ordinary d. Negative

119. If a witness states that he does not know that a given event occurred or not, his testimony
refers to:
a. Expert Evidence c. Positive Evidence
b. Extra – ordinary Evidence d. Negative Evidence
 

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120. This rule on evidence requires certain kind of evidence as proof necessary to establish certain
facts. This refers to:
a. Preferential b. Exclusionary c. Prophylactic d. Analytic
 
121.   This rule on evidence requires certain amount of evidence as necessary to enable the court to
render judgment.
a. Quantitative b. Exclusionary c. Prophylactic d. Analytic

122. The evidence may be admissible as against one party but also as against another. The
statement refers to:
a. Multiple Admissibility c. Curative Admissibility
b. Conditional Admissibility d. Unconditional Admissibility
 
123. This rule on evidence states that when the subject of inquiry is the contents of a document, no
evidence shall be admissible other than the original document itself.
a. Best Evidence Rule c. Parol Evidence Rule
b. Hearsay Evidence Rule d. Opinion Rule
 
124. This rule on evidence states that the opinion of witness is not admissible. This is:
a. Best Evidence Rule c. Parol Evidence Rule
b. Hearsay Evidence Rule d. Opinion Rule
 
125. The rule on evidence which states that the rights of a party cannot be prejudiced by the act,
declaration, or omission of another and the proceedings against one cannot affect another refers to:
a. Best Evidence Rule c. Parol Evidence Rule
b. Res inter alios acta nocere non debit rule d. Opinion Rule
 
126. The failure of the written agreement to express the true intent and agreement of the parties
thereto is an exemption of:
a. Hearsay Evidence Rule c. Parol Evidence Rule
b. Res inter alios acta nocere non debit rule d. Opinion Rule
 
127. The following are requisites of Dying Declaration, except:
a. The declarant must be a competent witness
b. The declaration must relate to the circumstances surrounding his death
c. The declaration must be made freely and voluntarily under the consciousness of an
impending death
d. The death of the declarant is not the subject of inquiry
 
128. Which of the following relates to contractual writing?
a. Best Evidence Rule c. Parole Evidence Rule
b. Res inter alios acta nocere non debit rule d. Opinion Rule
 
129. The exemption of hearsay evidence rule which literally means “things done:”
a. Declaration about Pedigree c. Family Reputation
b. Res Gestae d. Common Reputation
 
130. The sum totality of the personal traits of a person that distinguishes him from the other
members of the community is known as:
a. Relation b. Pedigree c. Character d. Reference

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131. Which of the following statements is correct?


a. The evidence of good moral character of a witness cannot be admitted until his character
has been impeached.
b. The evidence of bad moral character of a witness cannot be admitted until his character
has been impeached.
c. The evidence of good moral character of a witness can be admitted unless his character
has been impeached.
d. The evidence of bad moral character of a witness cannot be admitted unless his character
has been impeached.
 
132. The duty of a party to introduce evidence at any stage of the trial in order to establish a prima
facie case and the like duty of the opposite party to meet and overthrow the prima facie case thus
established.
a. Burden of Proof c. Presumption
b. Burden of Evidence d. Processual Presumption
 
133. This is the duty of a party to present evidence on the facts in issue necessary to establish his
claim or defense by the amount of evidence required by law.
a. Burden of Proof c. Presumption
b. Burden of Evidence d. Processual Presumption 

134. The inference or assumption as to the existence of a fact unknown only by reason of its
relation to a fact that is known as:
a. Burden of Proof c. Presumption
b. Burden of Evidence d. Processual Presumption
 
135. An accused stated that he was sleeping when the crime was committed. Accused’s statement
refers to which of the following?
a. Disputable Presumption c. Conclusive Presumption
b. A and C d. Presumption
136. A person on board a lost vessel during a sea voyage, or an aircraft which is missing, who has
not been heard of for how many years since the loss of the vessel or aircraft shall be considered
dead for all purposes including the division of the estate among the heirs if that person went
missing for:
a. 4 years b. 5 years c. 7 years d. 10 years
 
137. The following are qualifications of witnesses, except:
a. He must possess organs of sense
b. He must have the ability to perceive
c. He must have the capacity to communicate what he has perceived
d. He is disqualified by law

138. The following are disqualifications of witnesses, except:


a. Disqualification by reason of mental incapacity or immaturity
b. Disqualification by reason of cohabitation
c. Disqualification by reason of death or insanity of adverse party
d. Disqualification by reason of privileged communication
 

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139. The examination by the adverse party as to many matters stated in the direct examination, or
connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and
freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue
refers to:
a. Direct Examination c. Cross – examination
b. Re – direct Examination d.  Re – cross Examination
 
140. The following are characteristics of an ancient document, except:
a. It is more than 30 years.
b. It is produced from the custody in which it would naturally be found if genuine.
c. It is unblemished by any alterations or circumstances of suspicion.
d. It is duly signed by witnesses.
 
141. The one referring to moral certainty is:
a. Proof beyond reasonable doubt c. Substantial evidence
b. Clear and convincing evidence d. Preponderance of evidence
 
142. The degree of proof which produces conviction in an unprejudiced mind refers to:
a. Proof beyond reasonable doubt c. Substantial evidence
b. Clear and convincing evidence d. Preponderance of evidence
 
143. This refers to the amount of relevant evidence which a reasonable mind might accept as
adequate to justify a conclusion.
a. Proof beyond reasonable doubt c. Substantial evidence
b. Clear and convincing evidence d. Preponderance of evidence

145. The act of charging an accused previously charged with an offense; the trial for which having
been terminated by acquittal or conviction with the same or identical offense.
a. Bill of Attainder c. Double Jeopardy
b. Ex Post Facto Law d. Arraignment

146. The reading of the judgment in the presence of the accused and any judge of the court in which
it is rendered.
a. Judgment c. Sentencing
b. Promulgation of Judgment d. Conviction

147. It refers to the adjudication by the court that the accused is guilty or not guilty of the offense
charged, and the imposition of the proper penalty and civil liability provided for by the law on the
accused.
a. Judgment c. Sentencing
b. Promulgation of Judgment d. Arraignment

148. X transported a killer named Y to the place where the victim is residing. Upon arrival, Y killed
his victim. Y cannot locate the victim without the participation of X. The participation of X in the
crime committed is:
a. Principal by Deed
b. Principal by Direct Participation
c. Principal by Indispensable Cooperation
d. Principal by Induction

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149. The designation of the person undergoing preliminary investigation is known as:
a. Suspect b. Respondent c. Plaintiff d. Accuse

150. Which of the following statements is correct?


a. Capital felonies are punishable only when they have been consummated.
b. Grave felonies are punishable only when they have been consummated.
c. Light felonies are punishable only when they have been consummated.
d. Less grave felonies are punishable only when they have been consummated.

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